WEBCAMMER AGREEMENT CHATUBECAMS
This Agreement sets forth the Terms &
Conditions under which Chatubecams V.O.F, a
company incorporated under the laws of Netherlands having its registered office
in Geleen will compensate Webcammer, for the
WHEREAS, Chatubecams V.O.F provides a service
through which webcammers can show erotic live video streams of themselves to
visitors (chats) (“Service”). The Service enables direct contact
between the visitors and the Webcammer and an exchange of images, sound and
text. The interaction between visitors and Webcammer is only among adults.
WHEREAS, Webcammer is willing to show pictures
and live video streams of himself/herself through the Service. The video
streams provided can contain erotic material.
NOW Chatubecams V.O.F and Webcammer agree as
Sisters’ and Mother’s Companies
Subsidiaries as well as corporations,
partnership or other entity controlling, controlled by or under common control
with Chatubecams V.O.F, i.e. having the direct or indirect ownership of more
than fifty per cent (50%) of the voting rights;
Websites owned, controlled or contractually
affiliated to Chatubecams V.O.F through which the Service can be accessed and
Text, images and/or sound delivered by Webcammer
to Visitors through the Service.
Lapse of time taken into account to calculate
the compensation due to Webcammer during which the latter delivers Content to
Country where Webcammer performance originates
from, countries where the Visitors access the Service from as well as Netherlands.
Lapse of time during which this Agreement will
remain into force
User who enjoys legal majority in Relevant
Jurisdictions and who accesses and use the Service to stream live performances
Male or female who enjoys legal majority in
Relevant Jurisdictions and who agrees to access and use the Service to deliver
Content to Visitors in a streaming format.
2. OBJECT OF THE AGREEMENT
2.1 Subject to the terms and conditions of this
Agreement, Chatubecams V.O.F hereby grants Webcammer a personal, worldwide,
non-exclusive, nontransferable, nonsublicensable, limited license to access and
use the Service during the Term.
2.2 Chatubecams V.O.F can at any time refuse
Webcammer to access and use the Service without having to give any reason.
3. WEBCAMMER RIGHTS AND DUTIES
a) Registration Process
3.1 Webcammer confirms to be a consenting adult
who is at least 18 (eighteen) years of age or who enjoys legal majority age in
the Relevant Jurisdictions where such majority is above 18 (eighteen) years of
3.2 Webcammer understands that, prior to using
the Service, he/she will have to provide certain information to Chatubecams
V.O.F during the online registration procedure, including:
(i) A readable color copy of his/her identity
card or passport;
(ii) An outpayment account number as indicated
by the Webcammer such as, but not exclusively, a bank account;
(iii) Other information required during the
3.3 Webcammer will make sure that any
registration information given to Chatubecams V.O.F will always be accurate and
up to date as long as this Agreement remains in force.
3.4 Webcammer understands that the access and
use to the Service requires the combination of a login and password that are
strictly confidential. Webcammer is responsible to take every precaution to
keep them safe and to ensure that they remain strictly confidential. Webcammer
assumes all risks arising from third party knowledge and/or use of his/her
login/password and/or activities that occur on the Service under Webcammer’s
account. Should the Webcammer have lost his/her login and/or password or have
reasons to suspect that they have become known to an unauthorized third party,
the Webcammer shall immediately notify Chatubecams V.O.F.
3.5 Webcammer is solely responsible for the
choice, purchase, installation, operation and maintenance of the equipment and
software required to access and use the Service.
3.6 Webcammer understands that the equipment and
software to be required and used will have to comply with the technical
requirements provided by Chatubecams V.O.F to access and use the Service.
c) Content delivery
3.7 Webcammer understands that it will be up to
him/her to prepare, create and deliver personal Content to Visitors. Webcammer
is responsible to be compliant with all applicable regulations of his/her
country of residence.
3.8 Webcammer understands that the use of the
Service to deliver Content to Visitors is always optional and never mandatory.
Webcammer is completely free to deliver Content to Visitors, acting in an
independent manner in this respect and deciding at his/her sole discretion on
the time, duration and interpretation of this, bearing in mind that such must
always comply with this Agreement, in particular with this Clause 3. Webcammer
is always entitled to refuse to deliver Content to certain Visitors or to halt
the Session, in any situation at any time.
3.9 Webcammer must be seen all the time during
the Session and commits himself/herself to log out and end the Session if
he/she is to leave the space from where the performance takes place.
3.10 Webcammer ensures that he/she will access
and use the Service according to this Agreement and that the Content provided
to Visitors will comply with any applicable law, regulation or generally
accepted practices and guidelines.
3.11 Webcammer in particular is not allowed to:
(i) Deliver Content that amounts to hard
pornography such as but not only pedophilia, zoophilia, urology or necrophilia;
(ii) Act as another person (e.g. as a
representative of Chatubecams V.O.F or a person responsible for the Service);
(iii) Instigate Visitors to carry out illegal
(iv) Forward Content or data that could cause
damage to Chatubecams V.O.F, Visitors or other Webcammers;
(v) Require Visitors to provide personal data;
(vi) Provide Visitors with personal data or
third party data;
(vii) Get in touch with Visitors through others
means than the Service (such as but not exclusively telephone);
(viii) Give information provided by Chatubecams
V.O.F in the frame of the conclusion and performance of this Agreement to third
parties, including Visitors and others Webcammers, in particular but not
exclusively regarding the way Webcammer is compensated.
3.12 Webcammer agrees that Visitors may access
and use the Service through different Affiliated sites.
3.13 Webcammer will not engage in any activity
that interferes with or disrupts the Service (or the Service and networks which
are connected to the Service).
3.14 Webcammer is responsible for the
declaration of income that is generated from the delivery of the Content and
for acting in compliance with the guidelines issued by the competent VAT, tax
and social security authorities.
4. INTELLECTUAL PROPERTY
4.1 Webcammer hereby acknowledges and agrees
that Chatubecams V.O.F owns or is entitled to exercise all intellectual
property rights necessary to engage in this Agreement and provide access to and
use of the Service.
4.2 Unless otherwise agreed in writing with Chatubecams
V.O.F, nothing in this Agreement entitles Webcammer to use any intellectual
property that Chatubecams V.O.F owns or is entitled to exercise, including
trademarks, logos or domain names.
4.3 Webcammer shall immediately notify Chatubecams
V.O.F of any intellectual property infringement he/she should become aware of.
4.4 Webcammer is not allowed to reproduce,
broadcast, display, distribute, make available or modify in any other way
intellectual property material belonging to third parties such as copyrighted
material, trademarks or other proprietary information during its Sessions
without having obtained prior written authorization from right holders.
4.5 Webcammer grants Chatubecams V.O.F a
perpetual, irrevocable, worldwide, transferable, sublicensable, unlimited and
exclusive license on the Content provided through the Service to Visitors,
including but not limited to copyrights and publicity rights such as screen
name and image to in particular reproduce, adapt, modify, translate, publish,
make available, publicly perform, display, broadcast, retransmit or distribute
them in any way. Webcammer understands that it is therefore not entitled to use
its screen name and/or Content provided through the Service outside of the
scope of this Agreement.
4.6 The royalty related to the usage of
Webcammer intellectual property as defined under Clause 4.5 is included in the
remuneration foreseen under Clause 5.
5.1 Webcammer is entitled to get a remuneration
per minute of Session per Visitor as set at the following address: http://www.chatubecams.com
(Content Service Fee).
5.2 The amount to be paid by Visitors is
directly charged by Chatubecams V.O.F
Sisters’ and / or Mother’s Companies, and / or Chatubecams V.O.F
5.3 Chatubecams V.O.F shall provide Webcammer an
electronic overview of the Content Service Fee invoiced at the beginning of
each month for the previous month.
5.4 Chatubecams V.O.F will take care of the
payment through wire transfer to Webcammer outpayment account mentioned in the
registration process (Clause 3.2 (ii)). Chatubecams V.O.F is entitled to charge
the administration costs to be paid in relation to the wire transfers to the
Webcammer, respectively Webcammer’s bank.
5.5 Absent any dispute related to the electronic
overview submitted in accordance with Clause 5.3, payments will take place every
week, on a fixed day of the week.
5.6 In the case that fraudulent payment
transactions are carried out by Visitors, Webcammers will not get the
6. PERSONAL DATA
6.1 Webcammer authorizes Chatubecams V.O.F to
collect and process its personal data in the context of the performance of this
Agreement, i.e. in particular with regards to:
(i) Process the payments;
(ii) Manage and enable the operation of the
(iii) Conduct promotion of the Service;
(iv) Defend itself.
6.2 Data that will be collected through the
access and use of the Service are in particular: timestamp, IP address,
connection logs, chat logs, screen logs, stream logs.
6.3 Webcammer authorizes Chatubecams V.O.F to
store the Content, in whole or in part, for use in advertising or for
commercial purposes as well as to manage the Service.
6.4 Webcammer authorizes Chatubecams V.O.F to
share and transfer its personal data and Content with third parties for the
purpose of ID checks, compliance with legal process and authorities such as tax
authorities, social security, police investigations or court order, as well as
to prevent fraud or imminent harm and to ensure the security of the Service.
6.5 Webcammer expressly grants permission to Chatubecams
V.O.F to transfer personal data and Content to a destination outside Netherlands
and the European Union as required in order for Chatubecams V.O.F to fulfill
its obligations and / or rights as provided for under this Clause 6.
7. INDEMNITY & LIABILITY
7.1 Nothing in this Agreement shall exclude or
limit Chatubecams V.O.F liability for losses which may not be lawfully excluded
or limited by applicable law.
7.2 Subject to overall provision under Clause
7.1, Chatubecams V.O.F shall not be liable for any loss or damage that may be
caused to Webcammer’s equipment or to any data that may be recorded thereon,
including but not limited to that resulting from technical problems,
breakdowns, tampering with network equipment by unauthorized parties, network
overload, contention, interruption of Internet service or any other
deficiencies of any kind whatsoever (see Clause 8.1).
7.3 Chatubecams V.O.F shall not be held liable
for any damage, loss, costs and/or expense caused by third parties or
equipment’s used by Webcammer to access and use the Service (see Clauses 3.5) .
7.4 Webcammer shall be liable, indemnify and
hold harmless Chatubecams V.O.F, its directors, employees and stockholders
against any and all damage, loss, expense and costs directly or indirectly
incurred by Chatubecams V.O.F in connection with any claims of any kind arising
from the breach of any terms, representations and/or warranties made by
Webcammer in this Agreement, including but not limited to:
(i) Any intellectual property disputes and/or
others disputes that may result from Webcammer’s access and use of the Service,
in particular but not exclusively with regards to Content provided to Visitors;
(ii) Information provided to Chatubecams V.O.F during
the registration process and performance of this Agreement;
(iii) Failure to keep login information or
account details secure and confidential.
7.5 Webcammer understands and agrees that he/she
is solely responsible for (and that Chatubecams V.O.F has not responsibility to
Webcammer or to any third party for) any Content created, transmitted or
displayed by Webcammer while using the Service and for its consequences.
Webcammer acknowledges that Chatubecams V.O.F does not make any contribution
and does not play any role nor exercise any influence upon the Content provided
by Webcammer through the Service.
8. EXCLUSION OF WARRANTIES
8.1 Webcammer understands that the Service is
provided “as is” and without any warranty of any kind from Chatubecams
V.O.F or its licensors. It is Webcammer’s sole responsibility to obtain and
maintain the required equipment to access the Service. Chatubecams V.O.F is not
responsible for either the network (provider) or the software required to use
8.2 Chatubecams V.O.F in particular does not
represent or warrant that:
(i) The use of the Service by Webcammer will
meet Webcammer’s requirements;
(ii) The use of the Service will be
uninterrupted, timely, secure or free from error;
(iii) Defects in the operation or functionality
of the Service such as but not exclusively the quality of the connection
between Visitors and Webcammer will be corrected.
9.1 The Agreement is entered into for an
indefinite period of time.
9.2 Each Party may terminate this Agreement at
any time, upon written notice to the other Party, without having to give any
9.3 Absent a breach of this Agreement, the
terminating Party shall not incur any liability solely resulting from such
9.4 The License granted by Chatubecams V.O.F to
Webcammer (see Clause 2) shall be revoked at the time the termination becomes
effective. Webcammer’s account shall be suspended and the Service deactivated.
9.5 Webcammer shall destroy and/or return the
software and documentation provided for to access and use the Service at the
time the termination becomes effective, as well as any copy thereof.
9.6 Absent a breach of this Agreement and upon
satisfaction of Clause 9.5, Webcammer is entitled to receive his/her
remuneration calculated for the Sessions that took place until the effective
termination date, unless such termination is the result of a fraudulent
behavior from Webcammer, in which case (i) no remuneration shall be due, and
(ii) all remedies available under the applicable law reserved in favor of Chatubecams
V.O.F against Webcammer.
9.7 Provisions of this Agreement whose intention
and scope are designed to remain in effect after the termination shall remain
in force after such termination.
10.1 Webcammer understands that the License
granted under Clause 2 is nontransferable and nonsublicensable. In no event
shall Webcammer therefore sell, transfer, assign, sublicense or otherwise
dispose of any of the rights and duties contained in this Agreement in any way
absent prior written approval of Chatubecams V.O.F.
10.2 Webcammer agrees that Chatubecams V.O.F is
entitled to assign or otherwise dispose of this Agreement in whole or in part
to a third party.
11. FORCE MAJEURE
Neither Party will be liable to the other for
failure in performing its obligations hereunder if such failure is due to
circumstances beyond its reasonable control, including, without limitation,
acts of any governmental body, Acts of God such as fire, flood, strike or other
labor disturbance, unavailability of or interruption or delay in
telecommunications or third party services, or inability to obtain supplies or
power used in or equipment needed for the provision of services hereunder.
12.1 If any provision of this Agreement is held
by a court of competent jurisdiction to be void, invalid or unenforceable for
any reason, such provision shall be enforced to the maximum extent possible so
as to reflect the intent of the parties.
12.2 The remaining provisions shall continue in
full force and effect without being impaired or invalidated in any way.
12.3 Should the severability provided for under
Clause 12.2 materially change the economic benefit of this Agreement to Chatubecams
V.O.F, Clause 12.2 shall not apply and the Agreement shall be automatically
13.1 Chatubecams V.O.F reserves the right to
unilaterally modify this Agreement at any time.
13.2 Modifications to this Agreement will be
communicated to Webcammer via the Service or by any other means Chatubecams
V.O.F may determine at its discretion.
13.3 Webcammer understands that the technical
characteristics and specifications of the Service may be changed at any time
without prior notice.
13.4 Webcammer understands and agrees that its
use of the Service after the date on which the terms of the Agreement have been
changed will be treated as acceptance of the updated version of the Agreement.
13.5 Should Webcammer disagree with such
modifications, it may terminate the Agreement as foreseen under Clause 9.2 .
14. CAPTIONS AND HEADING CLAUSE
The captions and headings used in this Agreement
are inserted for convenience only. They do not form a part of this Agreement
and shall not be used in any way to construe or interpret this Agreement.
15. CONSTRUCTION CLAUSE
The Agreement shall be deemed to have been
drafted by both Parties and, in the event of a dispute, no party hereto shall
be entitled to claim that any provision should be construed against any other
party by reason of the fact that it was drafted by one particular party.
16. ENGLISH LANGUAGE CLAUSE
16.1 This Agreement is in the English language
only, which language shall be controlling in all respects, and all versions
hereof in any other language shall be for accommodation only and shall not be
binding upon the parties.
16.2 All communications and notices to be made
or given pursuant to the Agreement shall be in the English language.
16.3 Webcammer is deemed to have understood and
agreed upon every provision contained in this Agreement.
17.1 Any reference to a written form according
to this Agreement shall encompass electronic means.
17.2 Any notice to either party to this
Agreement shall be given in writing to the following addresses:
– To Chatubecams V.O.F: Address: Spreeuwenstraat
32, 6165 BB Geleen, Netherlands, E-mail: firstname.lastname@example.org
– To Webcammer: contact information as in the
17.3 Any notice given shall be deemed to have
been served on the day of dispatch if sent electronically, respectively two
days after posting by local mail or five days after posting if sent by air
18. APPLICABLE LAW AND JURISDICTION
18.1 This Agreement and all matters arising out
of or relating to this Agreement shall be governed by the substantive laws of
Switzerland, without regards to conflicts of laws principles thereof.